Unit Title

DJ2

/ Prepare for a restorative process

Summary

This unit is about evaluating options and proposing and agreeing a framework for action and allocating individual and organisational responsibilities. It is also about planning the restorative practice process as it applies to specific individual or community contexts. It is about building secure relationships with all involved and advising participants of their options and responsibilities, how to get the most out of the process and gaining agreement to a plan of action and timetable.

There are five elements:

DJ2.1

/ Assess and advise on risks in using restorative practice

DJ2.2

/
Establish effective relationships with potential participants

DJ2.3

/
Advise participants about restorative processes and the options available within them

DJ2.4

/
Facilitate the selection of an appropriate restorative practice

DJ2.5

/
Agree a plan of action and timetable

Target Group

This unit applies to practitioners who have responsibility for planning and setting up the restorative process, advising participants of the procedures, guiding them on the available options open to them and agreeing an action plan and timetable.

This unit was developed by Skills for Justice.

Skills for Justice / Page 1
National Occupational Standards for Restorative Process / Final version approved November 2006

Element

DJ2.1 /
Assess and advise on risks in using restorative practice

Performance Criteria

To meet the standard, you

1 / ask the primary participants who they want to be involved in the process
2 / assess, for incidents with a corporate / community victim, who has been most affected by the incident, or is best placed to communicate the harm effectively to the other party, or to contribute to forming and/or implementing an outcome agreement
3 / assess who else in the participants' circles has been affected by the incident, and might therefore benefit from being involved
4 / assess who else in the participants life might be able to offer support
5 / select a communication process most likely to best suit all the participants' needs and skills
6 / provide clear and accurate information to individuals about
  • the purpose and benefits of restorative processes
  • the different forms and types of restorative process
  • the likely process and timescale
  • the roles and responsibilities of those who will be involved
  • who will have access to information about individuals in the process
  • the steps taken to maintain the confidentiality of information and the reasons for this
  • how long information is held on record

7 / communicate with individuals throughout the process in a manner which
  • treats them fairly, with dignity and respect, whilst recognising the harm that has been caused
  • is appropriate to them
  • enables them to make decisions about whether to participate in restorative processes if they have the freedom of choice and right to do so
  • encourages an open exchange of views
  • minimises any constraints to communication
  • is free from discrimination and oppression

8 / make a realistic assessment of
  • the risk of emotional and physical harm to individuals involved in restorative processes
  • the potential benefits that restorative processes will bring
  • the likelihood of the process reaching a conclusion which benefits all those involved

9 / assess and advise on risks in using restorative practice
10 / encourage individuals to raise any questions and express any anxieties they have about restorative processes
11 / offer individuals information about other agencies and services that may provide additional support to them whilst they are participating in restorative processes and assist them in making contact when they wish this to happen
12 / make accurate and complete records of discussions and agreements with individuals about restorative processes and plans.

Element

DJ2.1 /
Assess and advise on risks in using restorative practice

Knowledge and Understanding

To meet the standard, you need to know and understand:

1 / who is permitted to be involved in the restorative process
2 / communication processes and their relevance and applicability to different contexts and levels of individual competence
3 / methods for assessing and managing risk
4 / the principles underpinning restorative processes, the purpose and potential benefits; how to assess the suitability of restorative processes for individuals and the potential risk, the factors to take into account and the alternatives that may be available to the parties
5 / methods of encouraging the effective and active involvement of parties in restorative processes, the options for support and encouragement of individuals which they considered and the reasoning processes they used in determining the most appropriate options for those concerned; ground rules for behaviour and communication during restorative processes - what they are, their purpose, why it is important to reinforce them and what to do if they are breached
6 / the specific legislation, guidelines of good practice, charters and service standards which relate to the work being undertaken and the impact of these on the work
7 / own role and responsibilities and from whom assistance and advice should be sought if the worker is unsure
8 / how the worker has applied the principles of equality, diversity and anti-discriminatory practice to their work

Element

DJ2.2 /
Establish effective relationships with potential participants

Performance Criteria

To meet the standard, you

1 / communicate effectively with potential participants
2 / create a safe environment for participants
3 / treat people fairly, without discrimination
4 / record decisions and outcomes in accordance with organisational procedures
5 / manage your work role
6 / work productively with others

Element

DJ2.2 /
Establish effective relationships with potential participants

Knowledge and Understanding

To meet the standard, you need to know and understand:

1 / communication techniques including:
  • active listening;
  • questioning for understanding;
  • awareness of and ability to read non-verbal signals;
  • summarising and reflecting back;
  • telephone and face to face communication skills;
  • giving and receiving feedback;
  • challenging constructively and positively;
  • enabling participants to make their own choices

2 / how to show sensitivity to individual situations, including:
  • building trust with all participants;
  • diversity and difference;
  • managing conflict and aggression;
  • assessing imbalances of power, and acting to redress imbalances;
  • remaining impartial and demonstrating this to all participants through words and actions;
  • awareness of the physical environment

3 / issues and legislation related to gender, age, ethnicity, ability/disability, sexuality, culture, faith or crime committed, including by showing respect for all participants, their opinions and views.
4 / how to communicate with individuals throughout the process including
  • acknowledging their situation and their needs within the process;
  • treating them fairly, with dignity and respect, whilst recognising the harm that has been caused;
  • encouraging an open exchange of views;
  • minimising any constraints to communication free from discrimination and oppression and addresses each person in the way they wish to be addressed;
  • allowing them the time and space they need in which to make decisions

5 / how to maintain confidentiality
6 / self-awareness, including
  • awareness of your own prejudices, and ability to set them aside;
  • ability to assess, in handling each specific case, boundaries of your own knowledge, experience and confidence;
  • confidence to recognise when to seek help where necessary

7 / your role, which may be:
  1. as a co-worker when appropriate
  2. as a team member with colleagues in your service

8 / your responsibilities, including:
  • planning your work;
  • showing you are following a clear process with each particular case;
  • problem solving and handling complexity

Element

DJ2.3 /
Advise participants about restorative processes and the options available within them

Performance Criteria

To meet the standard, you

1 / provide clear and accurate information to individuals and any supporters about: the purpose and potential benefits of restorative processes
2 / explain the different models of restorative process available to them, the benefits of each and also problems that may arise
3 / explore with individuals the full implications of participation, including both potential benefits and difficulties, to enable them to make informed decisions
4 / explain the roles and responsibilities of those who will be involved
5 / advise on which welfare professionals are permitted to attend
6 / describe the links between restorative and other interventions
7 / describe alternatives to restorative processes
8 / explain how the restorative process would relate to any criminal justice or other proceedings and the implications for the participants
9 / explain who will have access to information about individuals in the process, the steps taken to maintain the confidentiality of information and how long information is held on record, and what information is held
10 / explain the possible outcomes of the rest of the process for participants

Element

DJ2.3 /
Advise participants about restorative processes and the options available within them

Knowledge and Understanding

To meet the standard, you need to know and understand:

1 / the aims of restorative practice and potential outcomes
2 / restorative practice as a process
3 / what information about other agencies and services is required that may provide additional support to participants either during the restorative process, or as an alternative to the restorative process
4 / what options there are for a participant who decides not to proceed with the restorative process
5 / other approaches to conflict resolution, including:
  1. other disciplines (for example, advocacy or counselling);
  2. community mediation and conflict resolution (i.e. what difference it makes that there is an identified perpetrator responsible for a particular incident of harm);
  3. other approaches to crime and unacceptable behaviour (e.g. a retributive approach, mainstream responses)

6 / why and how restorative practice works, with reference to a theoretical base (e.g. conflict resolution theory, theories relating to emotions or social psychology).
7 / the various different situations in which restorative practice could be applied
8 / the criminal justice context and/or statutory framework for your restorative practice, if applicable
9 / the principles of restorative practice, (e.g. as published by the Restorative Justice Consortium in 2004) and the implications of these principles for your own practice

Element

DJ2.4 /
Facilitate the selection of an appropriate restorative practice

Performance Criteria

To meet the standard, you

1 / inform participants about the likelihood of strong emotions being expressed; and assess with them their ability to cope with their own and others' strong emotions
2 / give participants clear information, where the other party has agreed, about the other person's expectations or preferences regarding process
3 / assess how best to deal with the quantity, complexity and nature of information to be exchanged and advise participants as appropriate
4 / encourage participants to consider the quantity, complexity and nature of information to be exchanged and help them decide what would be the most effective process to use
5 / help participants identify the most important issues for them, and how they might prioritise these
6 / consider with participants how to ensure all participants can contribute as fully as possible
7 / provide a thorough explanation of the range of options available for their participation
8 / help participants select an appropriate restorative practice

Element

DJ2.4 /
Facilitate the selection of an appropriate restorative practice

Knowledge and Understanding

To meet the standard, you need to know and understand:

1 / constraints of time, resources and legal requirements
2 / how to risk assess any additional participants
3 / how to balance the benefits of a wider group of people participating with the available time and resources required
4 / the needs of principal, primary and secondary victims
5 / legal requirements and best practice guidance
6 / different forms of written communication (including braille), videotape, audio, or shuttle information-sharing by the facilitator and victim representatives, videolink and interpreter

Element

DJ2.5 /
Agree a plan of action and timetable

Performance Criteria

To meet the standard, you

1 / plan a structure for communication which is likely to minimise the impact of any power imbalances
2 / encourage individuals to describe their expectations, raise any questions and express any anxieties they have about the selected restorative process
3 / engage the support of co-workers where this will facilitate a productive outcome
4 / encourage all participants to make a realistic assessment of:
  • any risks involved, and how these can be managed
  • the potential benefits that a restorative process will bring;
  • the likelihood of the process reaching a conclusion which benefits all those involved

5 / assess which structure and style for communication will most likely enable the participants to reach a positive conclusion in the available time
6 / agree with participants the structure you recommend, including the use of any observers, allowing them to suggest alternatives
7 / propose, prepare and agree a plan of action and timetable with participants
8 / identify and agree the resources that will be available to facilitate the process
9 / make accurate and appropriate records of discussions and agreements with individuals about restorative processes - and provide copies to those who are entitled to and require this information

Element

DJ2.5 /
Agree a plan of action and timetable

Knowledge and Understanding

To meet the standard, you need to know and understand:

1 / what information about other agencies and services is required that may provide additional support to participants either during the restorative process, or as an alternative to the restorative process.
2 / what options there are for a participant who decides not to proceed with the restorative process
3 / how to advise without prejudicing your ultimate responsibility for the decision
Skills for Justice / Page 1
National Occupational Standards for Restorative Process / Final version approved November 2006